parties, the party names to be arranged in the order of the size of their respective vote for governor at the last preceding general election, the party casting the highest number of votes for governor to come first, and so on; and the number upon the ballot voted by each such enrolled voter shall be entered in the column bearing the name of the party whose ballot he caste. The last column in such poll-book shall be entitled "remarks regarding challenges, oaths, and other facts required to be recorded," and in such column shall be entered, opposite the name of each voter, such record of challenges, oaths, and other facts relating to him as this law requires to be entered in the poll-book and are not otherwise provided for.

3. One of the primary poll-clerks at each polling place at an official primary election shall be designated by the chairman of the board of primary inspectors to ask each enrolled voter offering to vote at the primary election the questions required by law, and it shall be the duty of such primary pollclerk to question such voter respecting his name, his age, his residence by street and number, or if it has no street number, a brief description of the locality thereof, and the name of the party in which he is enrolled; it shall also be the duty of each primary poll-clerk to enter in ink in the appropriate column the answer given to each question by each voter.

4. The procedure with respect to recording in each such poll-book the names of and other particulars concerning the enrolled voters presenting themselves to vote at any primary, obtaining, comparing and certifying to their signatures prior to the delivery of ballots to them, or obtaining identification statements in lieu of such signatures, recording and announcing the ballots delivered and voted, making and recording challenges, and all other procedure with respect to the taking of the vote at any party primary shall be the same as that prescribed for the general election, and except as otherwise provided in this article, all provisions of article ten of the election law applying to the taking of the vote at a general election shall apply equally to each party primary.

Added by L. 1915, ch. 678; amended by L. 1918, ch. 323, in effect Apr. 24, 1918.

§ 79. Ballots, booths, books, blanks and supplies.

The custodian of primary records shall have for each party printed ballots for each election district equal in number, as near as may be, to one and one-fifth times the total number of enrolled voters of the party in the election district, prepared as herein described. Such ballots and the sample ballots and the copy or copies of the register used for party enrollments, poll-books if any, blanks and stationery shall be delivered by the board of elections, at its office on the Saturday before the primary election for which they are needed to each town or city clerk in the county, except in New York city and in the city of Buffalo. It is hereby made the duty of each such town or city clerk to call at the office of such board at such time and receive such ballots and supplies. Each such town or city clerk shall deliver to the proper polling places in their city or town the ballots and such supplies for such primary election, at least one-half hour before the

time fixed for opening the polls. In the cities of New York and Buffalo, such custodian shall cause such supplies to be delivered to the proper primary officers at the various polling places at least one-half hour before the time fixed for the opening of the polls. The polling places, voting booths, guard-rails, distance markers, ballot boxes, sample ballots, poll-books if any, and other supplies required for official primary elections, shall be provided and paid for by the same officers, and in the same manner, as in the case of general elections. At all official primary elections a separate ballot box with the name and emblem of the party and with the number of the election district clearly and conspicuously written or printed thereon, shall be provided at each polling place for each party participating in a primary election at such polling place; and there shall also be a large box for the reception of unvoted ballots and an additional box for detached ballot stubs and there shall be affixed to the outside of the polling place and in at least two places on the inside thereof, and in a conspicuous manner, placards printed with large-sized bold-face type, which shall specify the name of the parties whose primary election is being held in such polling place. Sample ballots shall be provided by the custodian of primary records for each party for each election district, equal in number, as near as may be, to twenty-five per centum of the number of official ballots required to be furnished for such party for such election district. Such sample ballots shall be printed on paper different in color from the paper used for the official ballot, and there shall be no numbers upon the stubs thereof, but in all other respects such sample ballots shall be precisely like the official ballots. One of such sample ballots shall be furnished upon application at any time. on primary day to any voter entitled to vote the ballot of which he requests a sample.

The custodian of primary records shall prepare and furnish for each board of primary election inspectors two tally sheet blanks and two statement of result blanks for each party whose primary election is under the jurisdiction of said board of primary election inspectors. Upon each of said blanks shall be indorsed the name of the party, the name of the county, the number of the assembly district or ward, or the name of the town, and the number of the election district for which said blank is to be used.

Each such tally sheet shall consist of three columns separated from each other by vertical lines running from top to bottom of each page of the tally sheet. In the first column shall be printed the title of each public office for which a candidate is to be nominated, and in the case of the party tally sheets, the name of each party position to which members are to be elected. Under the name of each public office on the party tally sheets for which

candidates are to be nominated and on the same page shall be printed, in alphabetical order, the names of all candidates for the nomination therefor. Under the name of each party position on the party tally sheets and on the same page shall be printed, in alphabetical order, the names of all candidates for election thereto. On all the tally sheets, under the names of the group of candidates for each public office or party position, shall be printed, each on a separate line, the words "blank" and "void" and the phrase "total number of votes cast for this office (or position)," and under such phrase shall be left several blank spaces for writing in names not printed on the ballot. Each name and each such word, phrase or space upon said tally sheet shall be separated from each other name and each other such word, phrase or space next thereto by parallel horizontal lines extending from one side of the sheet to the other. The second column upon the tally sheet shall be headed, at the top of each page thereof, "Space for tally as canvass progresses. The third column in like manner shall be headed "Space for total number of votes received by each candidate."

Each such statement of result sheet shall consist of two columns separated from each other by a vertical line running from top to bottom of each page of the sheet. In the first column shall be printed the title of each public office, and, in the case of the party statement of result sheets, the name of each party position and the names of all the candidates therefor, which shall be printed in the same manner and order as upon the tally sheet in the first column thereof. All names shall be separated from each other by parallel horizontal lines. At the head of each statement of result sheet shall be printed the following: "Statement of result of the vote cast at the official primary election held on the .... day of (the blanks being properly filled)," and there shall also be printed the name of the county, the number of the assembly district or ward, or the name of the town, and the number of the election district. At the foot of each such statement of result sheet shall appear the following certificate to be signed by the primary election inspectors: "We hereby certify that the foregoing statement of result is true and correct in all respects.

Board of Primary Election Inspectors." All pages of each tally sheet and of each statement of result sheet shall be securely bound together in convenient form.

Added by L. 1911, ch. 891, and amended by L. 1913, ch. 820; amended by L. 1914, eh. 244; L. 1917, ch. 703; L. 1919, ch. 504, in effect Oct. 1, 1919.

The following decisions were rendered under former section 55, which covered the same subject and which was repealed by L. 1911, ch. 891:

Ballots, their preparation, inspection and distribution. There is no provision of law that requires the county committee or the political organization to print ballots for a primary, or imposes any duty in regard to the inspection or distribution of ballots or the right to inspect any ballot prepared by any elector for use at the primary. Matter of Hammond v. General Committee (1907), 56 Misc. 302, 106 N. Y. Supp. 589.

The use of paper lighter in weight and color is insufficient grounds for ordering a recount setting aside the declared result of a primary election, where it was conducted without fraud, and it is clear that the use of such peper did not affect the result of the election. People ex rel. Abrahams v. Voorhis (1904), 45 Misc. 104, 91 N. Y. Supp. 595.

Effect of union label imprint on ballot. The imprint upon the face and inside of ballots at a primary election following the names of candidates voted for of a "union label," such as is ordinarily used to designate articles manufactured or worked upon by union labor, when it does not appear to have been placed upon the ballots for the purpose of identification, does not render the ballots void nor authorize their rejection by the board of inspectors. Matter of Peters (1908) 60 Misc. 420, 112 N. Y. Supp. 339.

Paster ballots should not be used in a primary election or caucus. Report of Atty.-Gen. (1898), 227.

Voting machines not to be used at primary election or caucus. Report of Atty. Gen. (1899), 286.

Printing of ballots. See Matter of Hines (1910), 141 App. Div. 569.

Section cited.-People v. Luft (1920), 192 App. Div. 713, 183 N. Y. Supp. 514.

§ 80. Delivery of ballots and manner of voting.

No voter at a primary election shall be given or be allowed to mark or cast the ballot of any party with which he has not enrolled. The folding and delivery of ballots and the manner of voting shall be the same as prescribed for the folding and delivery of ballots and the manner of voting prescribed by the provisions of this chapter relating to general elections so far* the same may be applicable, excepting that each ballot after detachment of the stub by the officer charged with that duty shall be deposited in the separate box provided for the party designated on the ballot, and such officer, in addition to announcing the name of the voter and number of the stub, shall also announce the party name thereon.

Derivation: Added by L. 1911, ch. 891, § 41, in effect Nov. 15, 1911.

881. Unofficial ballots.

If, for any cause, the official ballots for any party shall not be provided as required by law at any polling place, upon the opening of the polls of any primary election thereat, or if the supply of official ballots for any party shall be exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as practicable in the form of the official ballot, may be used.

Derivation: Added by L. 1911, ch. 891, § 42, in effect Nov. 15, 1911.

§ 82. Preparation of ballot by voters.

The voter, on retiring to the voting booth, shall prepare his ballot in the following manner: He shall make a cross X mark in

So in the original.

the voting square at the left of the name of each candidate for whom he desires to vote. A cross X mark is any straight line crossing any other straight line at any angle within the voting space and no ballot shall be declared void because a cross X mark thereon is irregular in form. It shall not be lawful to make any mark on the ballot other than a cross X mark for the purpose of voting, and such mark shall be made only with a pencil having black lead, and only in the voting space to the left of the name of a candidate; except that the voter may write with a pencil having black lead in the blank space under the title of the proper office or party position the name of any person or persons for whom he desires to vote, whose name or names are not printed upon the ballot, not exceeding with the candidates for whom he has voted by cross X mark the total number of persons by whom such office or position is to be filled. It shall not be lawful to deface or tear a ballot in any manner, nor to erase any printed name, device, figure, word or letter therefrom, nor to erase any mark made thereon by such voter nor inclose in the folded ballot any other paper or any article. If the voter deface or tear a ballot, or wrongly mark the same or make an erasure thereon, he may obtain one additional ballot on returning to the ballot clerk the one so defaced or wrongly marked. Added by L. 1911, ch. 891; and amended by L. 1913, ch. 820; L. 1916, ch. 537, in effect May 15, 1916.

Validity of ballots having pencil dots adjacent to voting cross, irregular crosses, half crosses, excessive crosses and crosses superimposed upon numbers first written. Matter of Garvin (1915), 168 App. Div. 218, 153 N. Y. Supp. 549.

A ballot containing the words "O'Brien the Taxi man" is void for its distinguishing mark. Ballots with the name written "under the title of the proper office or party position are valid, even though written below the fine horizontal line. A ballot with the words "for county committee" written after the name is void. Certain ballots not bearing the candidate's correct name were invalid. A superfluous cross before the name of the candidate rendered ballots void. Matter of O'Brien (1917), 180 App. Div. 853, 168 N. Y.

Supp. 71.
Marking of ballots.

See cases under § 358, post. .

§ 83. Persons within the guard-rail.

From the time of the opening of the polls, until the result of the canvass of the votes cast thereat shall have been announced, and the official statements of such canvass shall have been signed, the ballot boxes and all voted ballots shall be kept within the guard-rail. No person shall be admitted within the guard-rail during such period, except primary election officers, duly authorized watchers, persons admitted by the inspectors to preserve order or enforce the law, and persons duly admitted for the purpose of voting; provided, however, that any candidate voted for may be present at the canvass of the

votes.

Derivation: Formerly 58. Renumbered and amended by L. 1911, ch. 891, § 45, in effect Nov. 15, 1911. Originally revised from Primary Election Law, § 7, subd. 3.

§ 84. Watchers; challengers; electioneering.

The ballot and other boxes used at any primary shall be examined by the inspectors in the presence of the watchers, if any, before any ballots are received. One watcher for each election district may be appointed by any political committee, and by any two or more of the persons whose names are upon any ballot to be voted at such primary election. Such watchers may be present at such